Case Summary
Vishnu filed a suit against N. Muthulakshmi and Ramdas Potty for a permanent prohibitory injunction to restrain the defendants from evicting him from the rented property. The plaintiff claimed that the defendants threatened him to vacate the premises unlawfully.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit for permanent prohibitory injunction, ruling in favor of the defendants. The plaintiff failed to establish his right to the injunction sought.
Key Reasoning:
The plaintiff failed to substantiate his claim with sufficient evidence and did not demonstrate lawful possession.
The plaintiff failed to substantiate his claim with sufficient evidence and did not demonstrate lawful possession.
Why Defendant Won:
The plaintiff failed to substantiate his claim with sufficient evidence and did not demonstrate lawful possession.
The plaintiff failed to substantiate his claim with sufficient evidence and did not demonstrate lawful possession.
Supporting Evidence
The plaintiff has failed to establish his right for the remedy sought for. Therefore, he cannot seek the discretionary relief of injunction restraining the defendants from trespassing into the plaint schedule property and from forcibly evicting the plaintiff therefrom.
Judgment Evidence:
In the result, the suit is dismissed with costs of 1st defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vishnu
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- N. Muthulakshmi
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ramdas Potty
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- City Office of Sivasena, Kollam
- Relation
- Represented by
Plaintiffs Documents
Copy of Rent Deed, Letter of Hindu Sena Kerala State Committee, Minutes of Hindu Sena Executive Committee, Kollam.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Ramesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Lekha Vamadevan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Haripriya
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Latheesh R.Prasad
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K.P.Gopalakrishna Pillai
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a permanent prohibitory injunction restraining the defendants from trespassing and evicting him from the plaint schedule property.
Evidence:
Therefore, he cannot seek the discretionary relief of injunction restraining the defendants from trespassing into the plaint schedule property and from forcibly evicting the plaintiff there from and also from committing any waste therein.
Documents & Evidence
Document Type:
Rent Deed
Submitted By:
Plaintiff
Relevance:
The plaintiff executed a rent deed in favour of the 1st defendant for occupying the upper floor of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
A letter from the Hindu Sena Kerala State Committee relevant to the case.
Reference:
Ext.A2
Document Type:
Minutes
Submitted By:
Plaintiff
Relevance:
Minutes of a meeting from the Hindu Sena Executive Committee, Kollam.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court's commission report prepared and submitted by Advocate Commissioner Remya.S.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared and submitted by Advocate Commissioner Remya.S.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Vishnu vs N. Muthulakshmi et al regarding Permanent Prohibitory Injunction
Case Code Year
Case between Vishnu vs N. Muthulakshmi et al regarding Permanent Prohibitory Injunction